Report No. 260
Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty
Contents | |
Chapter I | Background to the Report |
Background to the Report (1) | |
Background to the Report (2) | |
Chapter II | Preliminary |
A. | Preamble |
(i) | Analysis and comment |
(ii) | Suggested draft |
B. | Article 1. Definitions |
(i) | Analysis and comment |
(ii) | Suggested draft |
C. | Article 2. Scope and General Provisions |
(i) | Analysis and comment |
(ii) | Suggested draft |
Chapter III | Obligations of Parties |
A. | Article 3: Standard of Treatment |
(i) | Analysis and commen |
(ii) | Suggested draft |
B. | Article 5. Expropriation |
(i) | Analysis and commen |
(ii) | Suggested draft |
C. | Article 6. Transfers (Monetary Transfer Provisions) |
(i) | Analysis and commen |
D. | Most Favoured Nation (Absent provision) |
(i) | Analysis and commen |
Chapter IV | Investor, Investment and Home State Obligations |
A. | General comment |
B. | Article 8. Scope of this Chapter |
(i) | Analysis and commen |
(ii) | Suggested draft |
C. | Article 9. Obligation against Corruption |
(i) | Analysis and commen |
(ii) | Suggested draft |
D. | Article 10. Disclosures |
(i) | Analysis and commen |
(ii) | Suggested draft |
E. | Articles 11 and 12. Taxation and Compliance with Laws of Host State |
(i) | Analysis and commen |
(ii) | Suggested draft |
F. | Article 13 - Home State Obligations |
(i) | Analysis and commen |
(ii) | Suggested draft |
Chapter V | Dispute Settlement |
A. | General comment |
B. | Article 14.1. Purpose |
(i) | Analysis and commen |
(ii) | Suggested draft |
C. | Article 14.2(ii). Instances where ISDS mechanism is not applicable |
(i) | Analysis and commen |
(ii) | Suggested draft |
D. | Article 14.3. Exhaustion of local remedies, Notice and Consultation |
(i) | Analysis and commen |
(ii) | Suggested draft |
E. | Article 14.4(4). Additional conditions precedent for submission of dispute to arbitration |
(i) | Analysis and commen |
(ii) | Suggested draft |
F. | Article 14.5. Appointment of arbitrators |
(i) | Analysis and commen |
(ii) | Suggested draft |
G. | Article 14.6. Prevention of conflict of interest of arbitrators and challenges |
(i) | Analysis and commen |
(ii) | Suggested draft |
H. | Article 14.8. Transparency in arbitral proceedings |
(i) | Analysis and commen |
(ii) | Suggested draft |
I. | Article 14.9. Burden of proof and governing law |
(i) | Analysis and commen |
(ii) | Suggested draft |
J. | Article 14.10. Award |
(i) | Analysis and commen |
(ii) | Suggested draft |
Chapter VI | Exceptions |
A. | Article 16. General exceptions |
(i) | Analysis and commen |
(ii) | Suggested draft |
Chapter VII | Final Provisions |
A. | Article 19. Relationship with other Treaties |
(i) | Analysis and commen |
(ii) | Suggested draft |
B. | Article 20. Denial of Benefits |
(i) | Analysis and commen |
(ii) | Suggested draft |
C. | Article 21. Consultations and Periodic Review |
(i) | Analysis and commen |
(ii) | Suggested draft |
D. | Article 22: Amendments |
(i) | Analysis and commen |
(ii) | Suggested draft |
E. | Article 23: Entry into Force |
(i) | Analysis and commen |
(ii) | Suggested draft |
F. | Article 24: Duration and Termination |
(i) | Analysis and commen |
(ii) | Suggested draft |